Are Frequent False 911 Calls Legally Binding on the Police?
Are Frequent False 911 Calls Legally Binding on the Police?
When someone repeatedly dials 911 for trivial or unpolice-related reasons, it raises questions about legal obligations and whether action should be taken. In the United States, such behavior can lead to serious consequences, including potential legal liability for the callers and the police department.
Deciding What’s a 'Dumb Call'
The subjective nature of what constitutes a 'dumb call' is often the first hurdle. No one, including police officers, can definitively decide without bias. However, police departments have been trending towards ignoring such calls to maintain order and prevent misuse of emergency services.
My Experience with Frequent Non-Emergency Calls
In my role as a police officer, I have encountered numerous situations where individuals dialed 911 repeatedly for non-emergency issues. One notable example involved a neighbor who believed he had rights to park in front of his house, leading to repeated false calls.
One day, while returning from grocery shopping, I discovered my car had been towed. Panic struck as I reached out to the police. After investigation, it was determined that the car was parked lawfully and the incorrect towing was an error. Furthermore, the police decided not to entertain any further minor issues like loud parties, abandoned cars, or graffiti from that address after my complaint.
Agency Policies and Legal Obligations
The policy of responding to all calls can vary widely both within and across jurisdictions. In my experience based in Florida, I found that while agencies often have strict policies requiring a response to all calls, state laws typically stipulate a "shall" response rather than an "ought to" response.
For example, there was an elderly woman who regularly reported false allegations about a Major's personal life. She was harmless but exhibited signs of loneliness and undue concern. Polite responses from the authorities and eventual support from her family managed to resolve the issue. Agency policies can be less restrictive than the law, allowing for a 'CYA' (Coverage Your A**) mentality to protect from potential civil liability.
Handling Repeat Bullshit Calls
Dealing with repeat false callers can be challenging. Two examples illustrate common approaches:
Drive-bys and Neighborhood Peace: In one case, a neighborhood experienced frequent calls from a resident reporting minor issues. The police department decided to conduct drive-bys instead of responding fully to each call, which significantly reduced the number of non-urgent calls, enhancing neighborhood peace. Education and Warning: In another scenario, two individuals were repeatedly arrested for making trivial 911 calls. These individuals ultimately failed to grasp the concept that not all issues should result in a police response. In most cases, recipients of these calls are warned and educated on what constitutes a valid emergency.The Consequences of False 911 Calls
The consequences of making repetitive false 911 calls can be severe. Not only does it drain resources, but it can also result in legal action against the caller. The police have a duty to respond to emergencies, but a pattern of misuse can lead to disciplinary action, fines, or even criminal charges.
In some jurisdictions, it's a matter of potential civil liability, while in others, it might be classified as harassment. The police role in these scenarios is often to educate the public and enforce the importance of the 911 system.
Compliance and Accountability
While the police have a duty to respond to emergencies, they also have an obligation to be judicious in their use of emergency resources. This is where compliance and accountability come into play. Departments must balance the need to respond to legitimate emergencies with the prevention of misuse of the emergency system.
The key is to find a balance that allows for the proper handling of emergencies while educating the public about the appropriate use of the 911 system.
By understanding the legal and social implications, individuals can better appreciate why the police might not always respond as they expect, and why repeated false calls can have serious repercussions.